Vermont Statutes Title 18 Sec. 125
Terms Used In Vermont Statutes Title 18 Sec. 125
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, company, corporation, association, partnership, the U. See
- Public health hazard: means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. See
- Public health risk: means the probability of experiencing a public health hazard. See
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
§ 125. Assurance of discontinuance
(a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:
(1) specific action to be taken;
(2) abatement or mitigation schedules;
(3) payment of a civil penalty and the costs of investigation;
(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.
(b) An assurance of discontinuance shall be in writing, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance. (Added 1985, No. 267 (Adj. Sess.), § 9.)